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The Public Contracts (Scotland) Regulations 2015

S.S.I. 2015/446 · Made 16 December 2015 · Extends to Scotland

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 24 March 2026.

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ProvisionChangeMade by
reg. 5BinsertedCare Reform (Scotland) Act 2025 s. 17(2)

Public Procurement

Made 16th December 2015

Laid before the Scottish Parliament 18th December 2015

Coming into force in accordance with Regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for certain references in respect of the following EU Instruments to be construed as references to those EU Instruments or provisions of those EU Instruments (as appropriate) as amended from time to time—

  1. (1)

    Directive 1999/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures M2;

  2. (2)

    Regulation (EC) No 2195/2002 of the European Parliament and of the Council on the Common Procurement Vocabulary M3;

  3. (3)

    Directive 2002/21/EC of the European Parliament and of the Council on a common regulatory framework for electronic communications networks and services M4;

  4. (4)

    Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC M5;

  5. (5)

    Commission Decision 2009/767/EC setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2009) 7806 M6;

  6. (6)

    Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audio-visual media services (Audio-visual Media Services Directive) M7;

  7. (7)

    Commission Decision 2011/130/EU establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (notified under document C(2011) 1081) M8;

  8. (8)

    Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC M9;

  9. (9)

    Regulation (EU) No 1025/2012 of the European Parliament and of the Council on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council M10;

  10. (10)

    Directive 2014/23/EU of the European Parliament and of the Council on the award of concession contracts M11;

  11. (11)

    Directive 2014/24/EU of the European Parliament and of the Council on public procurement and repealing Directive 2004/18/EC M12; and

  12. (12)

    [Directive 2014/25/EU of the European Parliament and of the Council on procurement entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC M13,

and they are to be construed accordingly.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28, and was amended by the 2008 Act, Schedule, Part 1.

M2

OJ L 13, 19.1.2000, p.12, amended by Regulation (EC) No 1137/2008 (OJ L 311, 21.11.2008, p.1).

M3

OJ L 340, 16.12.2002, p.1.

M4

OJ L 108, 24.4.2002, p.33; last amended by Directive 2009/140/EC (OJ L 337. 18.12.2009, p.37).

M5

OJ L 145, 30.4.2004, p.1.

M6

OJ L 274, 20.10.2009, p.36, last amended by Commission Decision 2013/662/EU (OJ L 306, 16.11.2013, p.21).

M7

OJ L 95, 15.4.2010, p.1.

M8

OJ L 53, 26.2.2011, p.66.

M9

OJ L 88, 4.4.2011, p.5, last amended by Commission Delegated Regulation (EU) No 574/2014 (OJ L 159, 28.5.2014, p.41).

M10

OJ L 316, 14.11.2012, p.1.

M11

OJ L 94, 28.3.2014, p.1.

M12

OJ L 94, 28.3.2014, p.65.

M13

OJ L 94, 28.3.2014, p.243.

Modifications

C1

Instrument applied (24.2.2025) by Procurement Act 2023 (c. 54), ss. 119(2)(a), 127(2); S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))

Contents

  1. Part 1: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: RULES IMPLEMENTING THE PUBLIC CONTRACTS DIRECTIVE
  5. Chapter 1: SCOPE AND GENERAL PRINCIPLES
  6. Scope
  7. 3Subject Matter and application of these Regulations
  8. 3ARegulation of procurement by UK contracting authorities
  9. 3BRegulation of procurement under cross-border arrangements
  10. 4Mixed Procurement
  11. 5Thresholds
  12. 5AReview and amendment of certain thresholds
  13. 6Estimating value
  14. 7Exclusions: Utilities
  15. 8Exclusions: Concessions
  16. 9Exclusions: Electronic Communications
  17. 10Exclusions: Public contracts awarded, and design contests organised, pursuant to international rules
  18. 11Exclusions: Specific service contracts
  19. 12Exclusions: Service contracts awarded on the basis of an exclusive right
  20. 13Exclusions: Public contracts between entities within the public sector
  21. 14Specific situations: Contracts subsidised by a contracting authority
  22. 15Specific situations: Research and development services
  23. 16Specific situations: Defence and security
  24. 17Mixed procurement involving defence or security aspects
  25. 18Public contracts and design contests involving defence or security aspects which are awarded or organised pursuant to international rules
  26. General Rules
  27. 19Principles of procurement
  28. 20Economic Operators
  29. 21Reserved contracts
  30. 22Confidentiality
  31. 23Rules applicable to communication
  32. 23APowers to amend regulation
  33. 24Nomenclatures
  34. 25Conflicts of Interest
  35. Chapter 2: RULES ON PUBLIC CONTRACTS
  36. Procedures
  37. 26Conditions relating to international agreements by which the EU is bound, other than the GPA Repealed
  38. 26AConditions relating to the GPA
  39. 26BConditions relating to international agreements by which the United Kingdom is bound, other than the GPA
  40. 27Choice of procedures
  41. 28Open Procedure
  42. 29Restricted Procedure
  43. 30Competitive procedure with negotiation
  44. 31Competitive Dialogue
  45. 32Innovation Partnership
  46. 33Use of the negotiated procedure without prior publication
  47. Techniques and Instruments for Electronic and Aggregated Procurement
  48. 34Framework Agreements
  49. 35Dynamic Purchasing Systems
  50. 36Electronic Auctions
  51. 37Electronic catalogues
  52. 38Centralised purchasing activities and central purchasing bodies
  53. 39Occasional joint procurement
  54. 40Procurement involving contracting authorities from different member States Repealed
  55. Conduct of the Procedure
  56. 41Preliminary market consultation
  57. 42Prior involvement of candidates or tenderers
  58. 43Technical specifications
  59. 44Labels
  60. 45Test reports, certificates and other means of proof
  61. 46Variants
  62. 47Division of contracts into lots
  63. 48Setting time limits
  64. 49Prior information notices
  65. 50Contract notices
  66. 51Contract award notices
  67. 52Publication on the UK e-notification service
  68. 53Publication otherwise than on the UK e-notification service
  69. 54Electronic availability of procurement documents
  70. 55Invitations to candidates
  71. 56Informing candidates and tenderers
  72. Choice of Participants and Awarding Contracts
  73. 57General principles
  74. 58Exclusion grounds
  75. 59Selection criteria
  76. 60... Single Procurement Document: Use, content and form of the SPD
  77. 61Means of proof
  78. 62Recourse to e-Certis Repealed
  79. 63Quality assurance standards and environmental management standards
  80. 64Reliance upon the capacities of other entities
  81. 65Recognition of official lists of approved economic operators and certification by certification bodies. Repealed
  82. 66Reduction of the number of otherwise qualified candidates to be invited to participate
  83. 67Contract award criteria
  84. 68Life-cycle costing
  85. 69Abnormally low tenders
  86. Contract Performance
  87. 70Conditions for performance of contracts
  88. 70AElectronic invoicing
  89. 71Subcontracting
  90. 72Modification of contracts during their term
  91. 73Termination of contracts
  92. Chapter 3: PARTICULAR PROCUREMENT REGIMES
  93. Social and Other Specific Services
  94. 74Award of contracts for social and other specific services
  95. 75Publication of notices
  96. 76Principles of awarding contracts
  97. 76AReserved contracts for certain services
  98. Rules Governing Design Contests
  99. 77Scope of Section 8
  100. 78Notices
  101. 79Rules on the organisation of design contests and the selection of participants
  102. 80Appointment and composition of the jury
  103. 81Decisions of the jury
  104. Chapter 4: RECORDS AND REPORTS
  105. 82Retention of contract copies
  106. 83Reporting and documentation requirements
  107. Chapter 4A: REGULATIONS UNDER THIS PART
  108. 83AGeneral provisions about regulations under this Part
  109. Part 3: REMEDIES
  110. Chapter 5: FACILITATION OF REMEDIES
  111. 84Scope of Chapter 5
  112. 85Notices of decisions to award a contract or conclude a framework agreement
  113. 86Standstill period
  114. Chapter 6: APPLICATIONS TO THE COURT
  115. 87Duty owed to economic operators , including those from countries with whom the EU has a relevant international agreement other than the GPA
  116. 87ADuty owed to economic operators from GPA parties
  117. 87BDuty owed to economic operators from countries with whom the United Kingdom has an international agreement, other than the GPA
  118. 88Enforcement of duties through the courts
  119. 89Automatic Suspension of authority power to proceed with contract award
  120. 90Powers and duties of the court
  121. 91Ineffectiveness orders
  122. 92Powers of the court
  123. 93General interest grounds for not making a declaration of ineffectiveness
  124. 94Other orders
  125. 95Financial penalties
  126. Part 4: REVOCATIONS, CONSEQUENTIAL AMENDMENTS, SAVINGS AND TRANSITIONAL PROVISIONS
  127. 96Interpretation of Part 6
  128. 97Revocations and consequential amendments
  129. 98Transitional provision and saving where procurement procedure commenced before 18th April 2016
  130. 99Transitional Provision and saving where utilities procurement procedures commenced before 18th April 2016
  131. 100Transitory provision prior to full commencement of regulation 23(1) to (7)
  132. 101Transitory Provision: temporary exemption
  133. Signature
  134. Schedule 1CENTRAL GOVERNMENT AUTHORITIES
  135. 1GPA ANNEX 1 CONTRACTING AUTHORITIES
  136. 2OTHER CENTRAL GOVERNMENT CONTRACTING AUTHORITIES
  137. Schedule 1APARTIES TO THE GPA
  138. Schedule 2: ACTIVITIES CONSTITUTING WORKS
  139. Paragraph
  140. Schedule 3SOCIAL AND OTHER SPECIFIC SERVICES
  141. Schedule 4: LIST OF PRODUCTS RELEVANT TO THRESHOLDS
  142. Paragraph
  143. Schedule 4AINTERNATIONAL TRADE AGREEMENTS
  144. Schedule 5: PROFESSIONAL AND TRADE REGISTERS ETC. Repealed
  145. Paragraph Repealed
  146. Schedule 6: CONSEQUENTIAL AND MISCELLANEOUS AMENDMENTS
  147. Part 1: MODIFICATIONS TO PRIMARY LEGISLATION
  148. 1Late Payment of Commercial Debts (Interest) Act 1998
  149. 2Procurement Reform (Scotland) Act 2014
  150. 3Small Business, Enterprise and Employment Act 2015
  151. Part 2: MODIFICATIONS TO SUBORDINATE LEGISLATION
  152. 4Bathing Waters (Scotland) Regulations 2008
  153. 5Cleaner Road Transport Vehicles (Scotland) Regulations 2010
  154. 6Defence and Security Public Contracts Regulations 2011 Repealed
  155. 7Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012
  156. 8Utilities Contracts (Scotland) Regulations 2012
  157. 9Energy Efficiency (Eligible Buildings) Regulations 2013
  158. 10Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
  159. 11Energy Savings Opportunity Scheme Regulations 2014
  160. Schedule 7Procurement by UK contracting authorities
  161. Schedule 8Procurement under cross-border arrangements
  162. Explanatory note